User Agreement Terms and Conditions

Agreement between user and https://www.fishingguides360.com

Welcome to https://www.fishingguides360.com. The https://www.fishingguides360.com website (the "Site") is comprised of various web pages operated by Fishing Guides 360 ("Fishing Guides 360") a subsidiary of Protelligence. https://www.fishingguides360.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of https://www.fishingguides360.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

 

https://www.fishingguides360.com is a E-commerce Site

https://www.fishingguides360.com provides booking and reservation services for fishing guides and charter captains.

 

Privacy

Your use of https://www.fishingguides360.com is subject to Fishing Guides 360's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

Electronic Communications

Visiting https://www.fishingguides360.com or sending emails to Fishing Guides 360 constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Fishing Guides 360 is not responsible for third party access to your account that results from theft or misappropriation of your account. Fishing Guides 360 and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

Fishing Guides 360 does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://www.fishingguides360.com only with permission of a parent or guardian.

 

Cancellation/Refund Policy

Guides and Charter Captains independently provide cancellation deadlines and cancellation policies. You may cancel your reservation anytime before the cancellation deadline to receive a full refund. You must cancel through the cancellation feature in your Customer Dashboard. Reservations cancelled after the cancellation deadline will be charged the full reservation amount and can only be refunded through the guide or charter captain. If you fail to show up for a Trip you reserved and have not cancelled your reservation through Fishing Guides 360 prior to the deadline, you will be charged the full reservation amount.

 

Links to third party sites/Third party services

https://www.fishingguides360.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Fishing Guides 360 and Fishing Guides 360 is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Fishing Guides 360 is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Fishing Guides 360 of the site or any association with its operators.

 

Certain services made available via https://www.fishingguides360.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.fishingguides360.com domain, you hereby acknowledge and consent that Fishing Guides 360 may share such information and data with any third party with whom Fishing Guides 360 has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.fishingguides360.com users and customers.

 

Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.fishingguides360.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Fishing Guides 360 that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Fishing Guides 360 or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Fishing Guides 360 content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Fishing Guides 360 and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Fishing Guides 360 or our licensors except as expressly authorized by these Terms. You may not use any means of scraping, harvesting or otherwise extracting information from the site including User, Guide, or Charter Captain contact information or any email addresses. By attempting to scrape or harvest any data from Fishing Guides 360, whether you have read or explicityly agrreed to this User Agreement, you agree to pay damages of not less than $500 (US).

 

Use of communication services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

 

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

 

Fishing Guides 360 has no obligation to monitor the Communication Services. However, Fishing Guides 360 reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Fishing Guides 360 reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

Fishing Guides 360 reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Fishing Guides 360's sole discretion.

 

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Fishing Guides 360 does not control or endorse the content, messages or information found in any Communication Service and, therefore, Fishing Guides 360 specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers, hosts, guides, charter captains, or other users are not authorized Fishing Guides 360 spokespersons, and their views do not necessarily reflect those of Fishing Guides 360.

 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

 

Materials provided to https://www.fishingguides360.com or posted on any Fishing Guides 360 web page

Fishing Guides 360 does not claim ownership of the materials you provide to https://www.fishingguides360.com (including feedback and suggestions) or post, upload, input or submit to any Fishing Guides 360 Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Fishing Guides 360, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

 

No compensation will be paid with respect to the use of your Submission, as provided herein. Fishing Guides 360 is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Fishing Guides 360's sole discretion.

 

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

Third Party Accounts

You will be able to connect your Fishing Guides 360 account to third party accounts. By connecting your Fishing Guides 360 account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

 

International Users

The Service is controlled, operated and administered by Fishing Guides 360 from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Fishing Guides 360 Content accessed through https://www.fishingguides360.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless Fishing Guides 360, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Fishing Guides 360 reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Fishing Guides 360 in asserting any available defenses.

 

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in Mendocino County, CA. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Unless you and Fishing Guides 360 mutually agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Fishing Guides 360 must be resolved exclusivelly by a state or federal court located in Mendocino County, CA. You and Fishing Guides 360 agree to submit to the personal jurisdiction of the courts located within Mendocino County, CA for the purpose of litigating all such claims or disputes.

 

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PROTELLIGENCE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

PROTELLIGENCE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PROTELLIGENCE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROTELLIGENCE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PROTELLIGENCE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/access restriction

Fishing Guides 360 reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fishing Guides 360 as a result of this agreement or use of the Site. Fishing Guides 360's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Fishing Guides 360's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Fishing Guides 360 with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Fishing Guides 360 with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Fishing Guides 360 with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Severability

Except as otherwise provided in this Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, by providing notice of such assignment in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

 

Changes to Terms

Fishing Guides 360 reserves the right, in its sole discretion, to change the Terms under which https://www.fishingguides360.com is offered. The most current version of the Terms will supersede all previous versions. Fishing Guides 360 encourages you to periodically review the Terms to stay informed of our updates.

We may amend this User Agreement at any time by posting the amended terms on https://www.fishingguides360.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days' notice by posting the amended terms. Additionally, we will notify you through the FG360 Message Center and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and a Fishing Guides 360 representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.

The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Fishing Guides 360 site. If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

This User Agreement, the Privacy Policy, and all polices set forth the entire understanding and agreement between you and Fishing Guides 360 and supersede all prior understandings and agreements of the parties.

The following Sections survive any termination of this User Agreement: Prohibited Use/Intellectual Property, Liability Disclaimer, Indemnification, and Arbitration

 

Contact Us

Fishing Guides 360 welcomes your questions or comments regarding the Terms:

 

Protelligence

PO Box 3
Fort Bragg, California 95437

   

Email Address:

admin@fishingguides360.com  

Telephone number:

415-366-8360

 

Effective as of January 04, 2016